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Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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Visa to apply Ukrainian girlfriend - French settle in the UK

Customer Question

Hello, <br/>A question about the best visa to apply to for my girlfriend. She is Ukrainian, still in Kiev at the moment. She had business visas for the UK in the past.<br/>I am French, settled and working in the UK since beginning 2009. I have of course all necessary documents as I live in the UK all the time.<br/> As I am expatriate of a French company I am in the Uk for one more year before moving to another country. <br/>We want to get married and live together. <br/>I am of course the sponsor for the visa. I wonder if my French nationality makes a difference for the sponsorship. <br/><br/>What visa to apply to for my girlfriend to come here? <br/>1) marriage visa to get married in the uk. but then she shall apply for settlement (likely going back to Ukraine to apply for that visa) <br/>2) settlement visa so that she comes and we get married and she canm stay. But we are afraid that visa imight be refused. <br/>3) Get married (wherever, with a marriage visa first or get married in Ukraine) and then ask for an EEA family visa.<br/><br/>Thank you for your hellp
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 6 years ago.

Andrew :

As an EU citizen if you are in a durable relationship you ought to be able to apply for a residence card for your partner under the Immigration (EEA) Regulations 2006, giving effect to the Citizenship Directive (2004/38/EC) at para. 3(2). A durable relationship is often seen as 2 years. Further information can be obtained on the UK Border Agency website.


So what is the best visa to start with ?


Once she will be in the uk we can get married and then apply for the residence card as you wrote.

Andrew :

She can apply on-line as the partner of someone who has a right to reside who wants to come to the UK for the purpose of getting married.

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